ON THE QUESTION OF RECOGNIZING THE FULFILLMENT OF THE OBLIGATION TO PAY A SUCCESS FEE AS A COUNTER-PERFORMANCE
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Author(s): | Vyimov I. V., |
| Number of journal: | 3(72) | Date: | September 2025 |
| Annotation: | The article examines the essence of the obliga- tion to pay a success fee in the context of the counter-perfor- mance structure provided for in Article 328 of the Civil Code of the Russian Federation. The possibility of recognizing the performance of this obligation as a counter-performance is analyzed (i.e. the presence of a direct connection between the services rendered and the payment of the success fee). The negative consequences associated with the denial of the connection of the fee with the services rendered in judicial practice are highlighted. It is noted that such denial often serves as the basis for courts to refuse to collect the success fee from the customer, as well as for not including the success fee in the composition of legal costs. The features of the counter-performance structure are exam- ined, and they are compared with the obligation to pay a suc- cess fee. It is evident that at present there are no discrepancies between this structure and the obligation under consideration. As a result, there occurs a necessity to approve in the doctrine an approach to considering the performance of the obligation to pay a success fee as a counter-performance. Attention is paid to the practical consequences of recogni- zing the performance of the obligation under consideration as a counter-performance. It is noted that the characteristic features of the obligation to pay a success fee entail the impossibility of applying all aspects of reciprocity of performance to it. Thus, such aspects as the right to suspend performance; the structure of a foreseeable breach are not applicable to this obligation. Recognition of the performance of the obligation in ques- tion as reciprocal entails the need to look differently at the grounds for the performance of this obligation. The occurrence of the result only together with the fact of proper provision of services entails the need for the customer to fulfill the obliga- tion to pay a success fee. | ||
| Keywords: | success fee, obligation to pay a success fee, counter- performance, refusal to perform an obligation, suspension of performance of an obligation, compensation for damages, pro- portional refusal of an obligation, foreseeable breach, failure to provide performance, functional aspect of counter-performance |
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| For citation: | Vyimov I. V. On the question of recognizing the fulfillment of the obligation to pay a success fee as a counter- performance. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;3(72):248—252. DOI: 10.25683/VOLBI.2025.72.1413. |
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